With Anzac Day falling on Saturday 25 April this year, many employers have queried:
- Is Monday a day off work? and
- What happens if employees work on the Saturday?
Is Monday 27 April 2015 a day off work?
- Often when a public holiday falls on a weekend, the public holiday is substituted for an alternate day (the following Monday or Tuesday). For example, this year Boxing Day (26 December) falls on a Saturday, so Monday 28 December 2015 will be observed as the public holiday
- However, this is not the case with Anzac Day – which is considered a day of remembrance.
- All states (except WA and government workers in ACT) will observe Anzac Day on Saturday 25 April 2015 and head to work on Monday as per usual
- Also employers need to check any specific obligations contained in their Enterprise Agreements that may have provisions for a mandated substituted day off work or additional payments
- If a business does not trade on a Saturday, no further payments are required to be made to employees. However, if a business trades on a Saturday, and the business is closed for all or part of the day due to the public holiday, then employees should be paid their base rate of pay for what would have been their ordinary hours of work for that day
Can I make my employees work on a public holiday?
As with all public holidays, employers are entitled to reasonably request employees to work on a public holiday. Employees however, can refuse to work on a public holiday if the refusal is reasonable. While there are a number of considerations that must be taken into account to determine if a request or refusal to work a public holiday is reasonable, this will generally be based upon the employee’s personal circumstances and/or the amount of notice provided to the employee.
If an employee works on a public holiday, that employee will be entitled to public holiday penalty rates in accordance with the Modern Award or Enterprise Agreement which underpins the employment relationship.
If you require assistance regarding your obligations this coming Anzac Day, contact HR Legal.
This article was produced by HR Legal. It is intended to provide general information only in summary format on legal issues. It does not constitute legal advice, and should not be relied on as such.